On a Rule 20 summary judgment motion, a solicitor sued in relation to mortgage discharge and alleged failure to re-register a second collateral mortgage obtained dismissal of the claim against him.
The court held the evidentiary record established no solicitor-client retainer between the plaintiffs and the moving party, where the only relied-upon communication was a single email not addressed to the lawyer and none of the indicia of a solicitor-client relationship were present.
The court further held that no duty of care arose to the plaintiffs as non-clients because there was no reasonable reliance, no communication, and no proximity.
Having found no retainer, no duty, and no evidentiary basis for damages, the court concluded there was no genuine issue requiring a trial and granted summary judgment with costs.
